N.J. Admin. Code § 12:235-3.11

Current through Register Vol. 56, No. 7, April 1, 2024

Section 12:235-3.11 - Pre-trial conference

(a) In any formal proceeding, the Division shall schedule a pre-trial conference where the following shall be accomplished:

1. All medical reports shall be exchanged;

2. The Judge and the attorneys shall agree upon the type of examination(s) required by each party;

3. The Judge and the attorneys shall make a sincere effort to limit issues; and

4. A pre-trial memorandum on a form prescribed by the Division shall be executed.

i. Any party that intends to utilize videos or other electronic media, including surveillance tapes, must indicate that such media will be utilized at trial and identify the witness who will authenticate and testify concerning the materials to be presented in the "Other Witness" section of the pre-trial memorandum or as an addendum to the pre-trial memorandum. A party is not required to provide or exhibit electronic information, including surveillance tapes, to another party prior to the other party's testimony under oath.

ii. A party may move to amend the pre-trial memorandum to include any necessary changes including the introduction of electronic materials obtained subsequent to the pre-trial; or

5. There shall be an adjournment upon good cause shown.

i. "Good cause" for an adjournment shall not include that the injury or illness upon which the subject claim before the Division of Workers' Compensation is based is also the basis for a pending application to a pension fund administered by the Division of Pensions and Benefits within the Department of the Treasury, including, but not limited to, the Public Employees' Retirement System (PERS), the Police and Firemen's Retirement System (PFRS), and the Teachers' Pension and Annuity Fund (TPAF), for an accidental disability pension allowance.

(b) Incomplete medical examinations by either party shall be considered good cause for the adjournment of a pre-trial conference; provided, however, that no such adjournment shall be granted unless each party requesting the adjournment shall supply to the Judge the name(s) of the examining physician(s) and the date(s) of the examination(s).

(c) Any case set down for pre-trial on more than one occasion, if not ready because of failure of respondent to comply with this section, shall be placed on the trial list, and in the event an award is made, such failure shall be considered in the apportionment of the counsel fee. This provision shall not apply in any case in which the failure to have medical examinations is due to petitioner's neglect or refusal to appear for the examinations, in which event the case shall be marked, "not moved."

(d) Any case listed, in which no appearance is made on behalf of the petitioner and which is not adjourned for good cause, shall be marked "not moved" and may be administratively discontinued. A matter that has been administratively discontinued may be the subject of a motion to dismiss for lack of prosecution or any other appropriate basis. The case shall not be restored to the calendar except on notice of motion, provided, however, the Judge of Compensation may for good cause and on the Judge's own motion restore a case marked "not moved" to the trial or pretrial calendar. The counsel fee normally allowed shall be reduced within the discretion of the Judge of Compensation for each time a case has been marked "not moved" when the attorney for the petitioner is responsible for such marking. When a case has been marked "not moved" because of the petitioner's failure without good cause to submit to a physical examination at the request of the respondent, the petitioner may be penalized in the apportionment of fees or reimbursement of respondent's cost for a missed appointment at the discretion of the Judge of Compensation.

N.J. Admin. Code § 12:235-3.11

Amended by R.1991 d.466, effective 9/3/1991.
See: 23 N.J.R. 1759(a), 23 N.J.R. 2642(a).
Medical examination requirements added.
Amended by R.1997 d.110, effective 3/3/1997.
See: 28 N.J.R. 4067(a), 29 N.J.R. 799(a).
In (d), substituted "Judge of Compensation" for "official presiding".
Amended by R.2002 d.340, effective 10/21/2002.
See: 34 N.J.R. 2257(a), 34 N.J.R. 2549(a), 34 N.J.R. 3641(d).
In (d), deleted "pre-emptorily" following "listed" and inserted "may be" preceding "administratively" in the first sentence, added the second sentence, and inserted "or reimbursement of respondent's cost for a missed appointment" in the last sentence.
Amended by R.2004 d.263, effective 7/6/2004.
See: 36 N.J.R. 1350(a), 36 N.J.R. 3294(a).
In (a)4, added i and ii.
Recodified from N.J.A.C. 12:235-3.9 by R.2009 d.299, effective 10/5/2009.
See: 41 N.J.R. 1935(a), 41 N.J.R. 3807(a).
Former N.J.A.C. 12:235-3.11, Orders approving settlement reached pursuant to N.J.S.A. 34:15-20, recodified to N.J.A.C. 12:235-3.13.

Amended by 54 N.J.R. 448(a), effective 3/7/2022